In the presence of the attorney for the government, the defendant appeared in person on this date. 03 30 2009

X WITH COUNSEL Retained Roger Patton

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

Receipt of Misbranded Food in Interstate Commerce and Delivery and Proffered Delivery Thereof for Pay, in violation of Title 21 U.S.C. § 331(c), 333 (c) (2), and 343 (a) (1), as charged in Count 1 of First Superseding Information.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby placed on:

Probation for a term of 1 year.

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is

It is ordered that the defendant shall pay to the United States a total fine of $40,000, which shall bear interest as provided by law.

The fine shall be paid within 30 days from the entry of judgment to the Magnuson-Stevens NOAA Fisheries Enforcement Fund.

The defendant shall comply with General Order No. 01-05.

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

During the period of probation the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The drug testing condition, mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse On Government's motion, the underlying complaint is Ordered dismissed.

The bond is hereby exonerated.

The defendant is advised of the right to appeal.

The Court orders defendant's passport to be release to the defendant.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

Date U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

03-31-09 By

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

The defendant shall not commit another Federal, state or local the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband ...

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